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Segui ordered to testify in Clemens trial

Former big leaguer expected to verify some McNamee statements

By
John SchlegelMLB.com

WASHINGTON -- Judge Reggie Walton on Thursday morning ruled in favor of a government motion to add former Major Leaguer David Segui and Wall Street investment manager Anthony Corso as witnesses in the federal perjury trial of Roger Clemens. Segui arrived at the courthouse on Thursday afternoon.

The prosecution sought to bring in the witnesses to testify about prior consistent statements Brian McNamee, Clemens' former strength and conditioning trainer and his chief accuser in the case, made to them regarding Clemens' use of performance-enhancing drugs and the reason he kept items he says he used to inject Clemens and other players with PEDs in his house for several years.

Over objection from the defense, Walton ruled that Segui and Corso must testify largely because the defense had made allegations of bias and self-interest during cross-examination of McNamee last week.

Walton said his ruling was "consistent with what I was indicating yesterday that the government can bring in prior consistent statements," saying the motion "falls squarely in the rule" cited by the government, namely Rule 801(d)(1)(B) of the Federal Rules of Evidence.

After Walton ruled on the motion, the government called Federal Bureau of Investigation Laboratory Chemical Unit forensic examiner Pamela Reynolds, who began testimony relating to the items McNamee turned over to the government in January 2008. Reynolds testified to having found residues of several different steroids in items she tested, although those items have yet to be connected to Clemens via DNA testing.

Jeremy Price, a former research scientist for the Anti-Doping Research laboratory, followed with testimony that indicated steroids were found on two of the needles McNamee kept as evidence.

Segui had indicated to the government that he did not want to come to the nation's capital to testify in the trial, but Walton made it clear in comments Wednesday that Segui must comply with a subpoena or face consequences.

"If he doesn't show up, he'll be arrested like anyone else. ... He'd better be on the run because the marshals will be after him," Walton said.

Testimony from Segui and Corso could be crucial in bolstering the credibility of McNamee, whose testimony covered more than 26 hours and elicited 29 questions from jurors after both sides had gone through their examinations.

Clemens is charged with three counts of making false statements, two counts of perjury and one count of obstruction of Congress based on his testimony during a Feb. 13, 2008, hearing before the House Committee on Oversight and Government Reform and a Feb. 5, 2008, deposition conducted by committee staff members. Clemens said at the hearing, "Let me be clear: I have never used steroids or HGH."

McNamee, who served as a strength and conditioning trainer to Clemens in one capacity or another for nearly a decade, said in his own deposition and at that same hearing that he had injected Clemens with performance-enhancing drugs on numerous occasions, keeping items he says proves it for several years in a beer can and a mailing box.

Part of the government's motion includes McNamee telling Segui sometime in 2001 that he kept "darts," or needles, from other players in order to placate his wife, which is what McNamee testified during the trial last week.

The government also wants to include testimony that sometime in 2002 to 2004, McNamee told Corso, one of his Wall Street training clients, that Clemens used HGH to help with recovery and in 2005 told Corso about keeping the evidence.

Walton's main reason for being swayed by the government motion was the defense's assertions that McNamee was only telling federal investigators what they wanted to hear in 2007 to avoid prosecution.

"It seems to me the real thrust of the cross-examination of [McNamee] is that's when any motive to fabricate was engendered," Walton said.

WASHINGTON -- Judge Reggie Walton on Thursday morning ruled in favor of a government motion to add former Major Leaguer David Segui and Wall Street investment manager Anthony Corso as witnesses in the federal perjury trial of Roger Clemens. Segui arrived at the courthouse on Thursday afternoon.

The prosecution sought to bring in the witnesses to testify about prior consistent statements Brian McNamee, Clemens' former strength and conditioning trainer and his chief accuser in the case, made to them regarding Clemens' use of performance-enhancing drugs and the reason he kept items he says he used to inject Clemens and other players with PEDs in his house for several years.

Over objection from the defense, Walton ruled that Segui and Corso must testify largely because the defense had made allegations of bias and self-interest during cross-examination of McNamee last week.

Walton said his ruling was "consistent with what I was indicating yesterday that the government can bring in prior consistent statements," saying the motion "falls squarely in the rule" cited by the government, namely Rule 801(d)(1)(B) of the Federal Rules of Evidence.

After Walton ruled on the motion, the government called Federal Bureau of Investigation Laboratory Chemical Unit forensic examiner Pamela Reynolds, who began testimony relating to the items McNamee turned over to the government in January 2008. Reynolds testified to having found residues of several different steroids in items she tested, although those items have yet to be connected to Clemens via DNA testing.

Jeremy Price, a former research scientist for the Anti-Doping Research laboratory, followed with testimony that indicated steroids were found on two of the needles McNamee kept as evidence.

Segui had indicated to the government that he did not want to come to the nation's capital to testify in the trial, but Walton made it clear in comments Wednesday that Segui must comply with a subpoena or face consequences.

"If he doesn't show up, he'll be arrested like anyone else. ... He'd better be on the run because the marshals will be after him," Walton said.

Testimony from Segui and Corso could be crucial in bolstering the credibility of McNamee, whose testimony covered more than 26 hours and elicited 29 questions from jurors after both sides had gone through their examinations.

Clemens is charged with three counts of making false statements, two counts of perjury and one count of obstruction of Congress based on his testimony during a Feb. 13, 2008, hearing before the House Committee on Oversight and Government Reform and a Feb. 5, 2008, deposition conducted by committee staff members. Clemens said at the hearing, "Let me be clear: I have never used steroids or HGH."

McNamee, who served as a strength and conditioning trainer to Clemens in one capacity or another for nearly a decade, said in his own deposition and at that same hearing that he had injected Clemens with performance-enhancing drugs on numerous occasions, keeping items he says proves it for several years in a beer can and a mailing box.

Part of the government's motion includes McNamee telling Segui sometime in 2001 that he kept "darts," or needles, from other players in order to placate his wife, which is what McNamee testified during the trial last week.

The government also wants to include testimony that sometime in 2002 to 2004, McNamee told Corso, one of his Wall Street training clients, that Clemens used HGH to help with recovery and in 2005 told Corso about keeping the evidence.

Walton's main reason for being swayed by the government motion was the defense's assertions that McNamee was only telling federal investigators what they wanted to hear in 2007 to avoid prosecution.

"It seems to me the real thrust of the cross-examination of [McNamee] is that's when any motive to fabricate was engendered," Walton said.

John Schlegel is a national reporter for MLB.com.

This story was not subject to the approval of Major League Baseball or its clubs.